Untitled document

Crown Land Legislation Amendment Act 2016

No. 51 of 2016

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of the Conservation, Forests and Lands Act 1987

3Definitions

4Secretary to be body corporate

5Secretary to be subject to control

6Regulations

Part 3—Amendment of the Crown Land (Reserves) Act 1978

Division 1—Crown Land (Reserves) Act 1978

7Definitions

8Application of Road Management Act 2004

9Regulations

10Governor in Council may by Order confer certain leasing and licensing powers to Health Minister

11Division heading inserted

12New section 33 and new Division 2 of Part 5 inserted

13Repeal of spent transitional provisions

Division 2—Consequential amendment of other Acts

14National Parks Act 1975—Secretary to manage reserved land

15Melbourne (Yarra Park) Land Act 1980—Regulations for Yarra Park Reserve

Part 4—Amendment of the Land Act 1958

16Definitions

17Definitions—Part I

18Application of Road Management Act 2004

19Governor in Council may divide territory into counties etc.

20Industrial leases and industrial development leases

21Licence for strata of Crown land

22Grant of licences for jetties landing stages etc.

23Judicial notice of signature

24Development Leases Consultative Committee

25Power to set apart certain portions of roads for tree planting

26Regulations

27New section 413B inserted

28Schedule Seven A amended—complaint and summons

Part 5—Amendment of the Land Conservation (Vehicle Control) Act 1972

29Definition

30Regulations

31Proceedings for breach of regulations

32Erosion hazard areas

Part 6—Other amendments and repeal of amending Act

33Statute law revision—Survey Co-ordination Act 1958

34Repeal of amending Act

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Endnotes

1      General information

Crown Land Legislation Amendment Act 2016

No. 51 of 2016

[Assented to 18 October 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Conservation, Forests and Lands Act 1987, the Crown Land (Reserves) Act 1978, the Land Act 1958 and the Land Conservation (Vehicle Control) Act 1972 in relation to

regulation‑making powers and other miscellaneous matters; and

(b)to consequentially amend other Acts.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

Part 2—Amendment of the Conservation, Forests and Lands Act 1987

3Definitions

(1)In section 3(1) of the Conservation, Forests and Lands Act 1987—

(a)for the definition of Central Plan Office substitute—

"Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;";

(b)in the definition of Department, for "Environment and Primary Industries" substitute "Environment, Land, Water and Planning".

(2)Section 3(2) of the Conservation, Forests and Lands Act 1987 is repealed.

4Secretary to be body corporate

(1)In section 6(1) of the Conservation, Forests and Lands Act 1987, for "Environment and Primary Industries" substitute "Environment, Land, Water and Planning".

(2)After section 6(6) of the Conservation, Forests and Lands Act 1987 insert—

"(7)The body corporate established by this section is taken to be and always to have been the same body despite the change made to its name by the Crown Land Legislation Amendment Act 2016.".

5Secretary to be subject to control

In section 7(4) of the Conservation, Forests and Lands Act 1987, for "Environment and Primary Industries" substitute "Environment, Land, Water and Planning".

6Regulations

For the penalty at the foot of section 82(5) of the Conservation, Forests and Lands Act 1987 substitute—

"Penalty:20 penalty units.".

Part 3—Amendment of the Crown Land (Reserves) Act 1978

Division 1—Crown Land (Reserves) Act 1978

7Definitions

In section 3 of the Crown Land (Reserves) Act 1978, for the definition of Central Plan Office substitute—

"Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;".

8Application of Road Management Act 2004

In section 3A(2)(b)(iii) of the Crown Land (Reserves) Act 1978 omit "to the Department of Sustainability and Environment".

9Regulations

(1)After section 13(1)(b)(iii) of the Crown Land (Reserves) Act 1978 insert—

"(iiia)setting aside areas on the land in which specified activities are permitted, restricted or prohibited;".

(2)For section 13(1)(b)(x) of the Crown Land (Reserves) Act 1978 substitute—

"(x)the imposition, collection and receipt of fees, tolls, rents or other charges for or in respect of—

(A)entry upon such land (including any waters on such land) or any specified part of such land by any persons, animals, vehicles, boats or aircraft; or

(B)any improvement, services or facilities on such land (including carparks); or

(C)permits for the use of such land or any part of such land;

(xa)imposing penalties not exceeding 20 penalty units for contravention of the regulations;

Note

See section 34 for transitional provisions relating to penalties.".

(3)In section 13(2) of the Crown Land (Reserves) Act 1978, after "such committee" insert "or any specified person or body or class of specified person or body".

(4)After section 13(2) of the Crown Land (Reserves) Act 1978 insert—

"(2A)Regulations made under subsection (1) may—

(a)be of general or limited application; and

(b)differ according to differences in time, place or circumstances; and

(c)provide in a specified case or class of case for the exemption of any person or thing or a class of person or thing from any of the provisions of the regulations, whether—

(i)unconditionally or on specified conditions; and

(ii)either wholly or to any specified extent.".

(5)After section 13(3) of the Crown Land (Reserves) Act 1978 insert—

"(3A)Regulations made under this section may provide for exemptions from or the reduction, waiver or refund, in whole or in part, of any fee, toll, rent or other charge fixed or imposed under regulations made under subsection (1)(b)(x).".

(6)In section 13 of the Crown Land (Reserves) Act 1978—

(a)subsection (5) is repealed; and

(b)subsection (6) is repealed.

10Governor in Council may by Order confer certain leasing and licensing powers to Health Minister

In section 17AB(8) of the Crown Land (Reserves) Act 1978, for "Sustainability and Environment" substitute "Environment, Land, Water and Planning".

11Division heading inserted

In Part 5 of the Crown Land (Reserves) Act 1978, before section 30 insert—

"Division 1—Miscellaneous".

12New section 33 and new Division 2 of Part 5 inserted

After section 32 of the Crown Land (Reserves) Act 1978 insert—

"33   Payment of refunds

If regulations made under this Act (including regulations made under section 13) provide for a refund of a fee, toll, rent or other charge and the fee, toll, rent or other charge has been paid into the Consolidated Fund, the Consolidated Fund is appropriated to the necessary extent to enable any refund to be paid.

Division 2—General transitional provisions

34Transitional provisions—Crown Land Legislation Amendment Act 2016

Despite the repeal of section 13(5) and (6) by the Crown Land Legislation Amendment Act 2016, those subsections continue to apply to any regulations made under section 13(1) which are in force immediately before that repeal or any regulations to which those subsections were applied by any other Act or regulation until regulations are made imposing penalties for contravention of the regulations in accordance with section 13(1)(b)(xa) or that other Act or regulation (as the case requires).".

13Repeal of spent transitional provisions

In the Second Schedule to the Crown Land (Reserves) Act 1978—

(a)in clause 1, the definition of 2010 Mount Buffalo Act is repealed; and

(b)Part 3 is repealed; and

(c)clause 8 is repealed.

Division 2—Consequential amendment of other Acts

14National Parks Act 1975—Secretary to manage reserved land

(1)In section 19B(5) of the National Parks Act 1975, for "(5), (6)" substitute "(2A), (3A)".

(2)At the foot of section 19B(5) of the National Parks Act 1975 insert—

"Note

See section 34 of the Crown Land (Reserves) Act 1978 for transitional provisions relating to penalties.".

15Melbourne (Yarra Park) Land Act 1980—Regulations for Yarra Park Reserve

(1)For section 18(5) of the Melbourne (Yarra Park) Land Act 1980 substitute—

"(5)Despite section 34 of the Crown Land (Reserves) Act 1978, a person who contravenes any regulations made under section 13 of that Act that apply to Yarra Park Reserve (including any regulations for or with respect to prohibiting the depositing and the leaving of any unwanted material or thing on Yarra Park Reserve) is liable to—

(a)the penalty imposed in those regulations for that contravention; or

(b)if no penalty is imposed in those regulations for that contravention, a penalty not exceeding 20 penalty units.".

(2)Section 18(6) of the Melbourne (Yarra Park) Land Act 1980 is repealed.

Part 4—Amendment of the Land Act 1958

16Definitions

In section 2A of the Land Act 1958 insert the following definition—

"Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;".

17Definitions—Part I

In section 3(1) of the Land Act 1958, in paragraph (b) of the definition of road omit "under the Survey Co-ordination Act 1958".

18Application of Road Management Act 2004

In section 3A(2)(b) of the Land Act 1958 omit "to the Department of Sustainability and Environment".

19Governor in Council may divide territory into counties etc.

In section 25(6) of the Land Act 1958 omit "under the Survey and Co-ordination Act 1958".

20Industrial leases and industrial development leases

In section 137A(20) of the Land Act 1958 omit "of the Department of Sustainability and Environment".

21Licence for strata of Crown land

In section 138A(5)(a) of the Land Act 1958, for "Department of Property and Services" substitute "Central Plan Office".

22Grant of licences for jetties landing stages etc.

In section 140A(3)(a) of the Land Act 1958 omit "of Natural Resources and Environment".

23Judicial notice of signature

In section 201A of the Land Act 1958 omit "of Natural Resources and Environment".

24Development Leases Consultative Committee

In section 307(2) of the Land Act 1958—

(a)in paragraph (a) omit "of Conservation, Forests and Lands";

(b)in paragraph (b), for "Agriculture and Rural Affairs appointed by the Minister of Agriculture" substitute "Economic Development, Jobs, Transport and Resources appointed by the Minister for Agriculture".

25Power to set apart certain portions of roads for tree planting

In section 350(4) of the Land Act 1958, for "Department of Conservation, Forests and Lands" substitute "Secretary".

26Regulations

(1)After section 413(1) of the Land Act 1958 insert—

"(1A)A power conferred by subsection (1) to make regulations in respect of fees may be exercised by providing for all or any of the following matters—

(a)specific fees;

(b)maximum fees;

(c)minimum fees;

(d)fees that vary according to the class of licence to which the fees apply;

(e)the manner of payment of fees, including the payment of fees by instalment;

(f)the time at which, or by which, fees are to be paid.

(1B)Regulations made under this section may provide for exemptions from or the reduction, waiver or refund, in whole or in part, of any fees fixed or imposed under regulations made under subsection (1).".

(2)For section 413(2) of the Land Act 1958 substitute—

"(2)The regulations may impose penalties not exceeding 20 penalty units for a contravention of the regulations.".

27New section 413B inserted

After section 413A of the Land Act 1958 insert—

"413B   Payment of refunds

If regulations made under this Act provide for a refund of a fee, and the fee has been paid into the Consolidated Fund, the Consolidated Fund is appropriated to the necessary extent to enable any refund to be paid.".

28Schedule Seven A amended—complaint and summons

In Schedule Seven A to the Land Act 1958—

(a)for "Natural Resources and Environment" substitute "Environment, Land, Water and Planning";

(b)for "of             19" (wherever occurring) substitute "of             20".

Part 5—Amendment of the Land Conservation (Vehicle Control) Act 1972

29Definition

In section 2 of the Land Conservation (Vehicle Control) Act 1972, in the definition of public land—

(a)paragraph (d) is repealed;

(b)in paragraph (e), for "than—" substitute "than a municipal council.";

(c)paragraph (e)(i) and (ii) are repealed.

30Regulations

(1)After section 3(2)(a) of the Land Conservation (Vehicle Control) Act 1972 insert—

"(ab)may confer a discretionary authority or impose a power or duty on any specified person or body or class of specified person or body;".

(2)In section 3(2)(c) of the Land Conservation (Vehicle Control) Act 1972, for "$500 for any breach" substitute "20 penalty units for any contravention".

31Proceedings for breach of regulations

(1)Insert the following heading to section 4 of the Land Conservation (Vehicle Control) Act 1972—

"Proceedings for contravention of regulations".

(2)In section 4 of the Land Conservation (Vehicle Control) Act 1972, for "breach" (wherever occurring) substitute "contravention".

(3)In section 4(c) of the Land Conservation (Vehicle Control) Act 1972, for "Land Act 1958; or" substitute "this Act.".

(4)Section 4(d) of the Land Conservation (Vehicle Control) Act 1972 is repealed.

32Erosion hazard areas

(1)In section 5(3) of the Land Conservation (Vehicle Control) Act 1972, for "of the Department of Transport, Planning and Local Infrastructure" substitute "maintained under section 4 of the Survey Co-ordination Act 1958".

(2)For the penalty at the foot of section 5(5) of the Land Conservation (Vehicle Control) Act 1972 substitute—

"Penalty:20 penalty units.".

Part 6—Other amendments and repeal of amending Act

33Statute law revision—Survey Co-ordination Act 1958

In section 4 of the Survey Co-ordination Act 1958, for "Sustainability and Environment" substitute "Environment, Land, Water and Planning".

34Repeal of amending Act

This Act is repealed on the first anniversary of the day on which it receives the Royal Assent.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 25 May 2016

Legislative Council: 1 September 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Conservation, Forests and Lands Act 1987, the Crown Land (Reserves) Act 1978, the Land Act 1958 and the Land Conservation (Vehicle Control) Act 1972 in relation to regulation-making powers and other miscellaneous matters, to consequentially amend other Acts and for other purposes."